Index Archive

26 April 2013

In Depth High Court notice ask government How Children below 18 can open Facebook, Google accounts
A petition was filed in the High Court by a former BJP member KN Govindacharya and issue was raised that just before opening an account, websites requires one to sign a contract and “as per Indian law, a contract cannot be signed by anyone aged less than 18 years

He said that such a permission granted to a minor was against the Indian Majority Act, Indian contract Act, Information, and Technology Act.

“How children below 18 years can have an agreement with any of the social network sites, including Facebook?

The petition has sought that verification be ensured "of all existing users and future new members of social networking websites with instructions not to do agreements with children below 18 years".

After this petition, High Court sought the Centre’s response
High Court issued notices to government, Facebook and Google.
The Union of India is directed to file an affidavit on the issue within 10 days.
Both Facebook Inc. and Google Inc. are US-based entities and are hereby impleaded as respondents.
Notices to be issued to the newly added parties

The court has posted the next hearing for May 13.

Reality views –

The above petition will just waste the time of the court.

Now let us understand –

According to Section 3 of the Indian Majority Act, 1875, a person domiciled in India who is under the age of eighteen years, is a minor.
Minor Agreements: A Minor is an incompetent person to enter into a contract subject to certain exceptions.
No Restitution: No order can be made for compensation against a minor for a benefit obtained under void agreement.
Minor Beneficiary: A contract becomes valid if it gives some benefit and not to required minor to bear any obligation.

Indian Contract Act 1872 –

The term minor is not defined in contract act.

Minors Contract is absolutely void.

Section 10
Section 11

10-
What agreements are contracts.-
All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void.

Nothing herein contained shall affect any law in force in 1[ India] and not hereby expressly repealed by which any contract is required to be made in writing 2[ or in the presence of witnesses, or any law relating to the registration of documents.

11.
Who are competent to contract.-
Every person is competent to contract who is of the age of majority according to the law to which he is subject, 3[ and who is of sound mind, and is not disqualified from contracting by any law to which he is subject.

Section 11 of the Act expressly forbids a minor from entering into a Contract. The effect of this
express prohibition is that any contract entered into by a minor is void ab initio regardless of
whether the other party was aware of his minority or not

As kids are below age 18, the contract is not enforcebale.

The position is – even if a minor has entered into a contract by misrepresenting his age, he
can at any later stage plead “minority” and avoid the contract.

If the minor has sold the goods or converted them he cannot be made to pay back the value of the goods as that would amount to enforcing a void contract.

Now you can see that there is no danger for minors.

Once again understand –
A minor’s agreement being void ab initio, there can be no ratification of the agreement on his
reaching the age of majority.
Ratification can only be of acts which are “valid in law” at the time of commission and also at the time of ratification. Since an agreement entered into by the minor, during his minority is not valid in law, he cannot on his reaching the age of majority ratify it – as in the eyes of law the agreement does not exist at all.

If an infant obtains a property by misrepresenting his age, he can be compelled to restore it, but only so long as the property remains in his possession. This is known as the equitable doctrine of restitution

In Raghavachariar vs. Srinivasa Case
a minor is allowed to enforce a contract which is of
some benefit to him and under which he is required to bear no obligation.
In the said case Madras High Court decided, that a mortgage executed in favour of a
minor, who has advanced the whole of mortgage money, is enforceable by him or any other
person on his behalf

Facebook and Google ask the age of each member.

It is not the fault of the Google or Facebook if the boys and girls below age 18 lie while opening the facebook or google accounts.

Boys and girls below age 18 are allowed to buy the goods from stores, is it not contract?

Boys and girls who are below age 18 are allowed to buy the movie tickets ,buy the railway tickets is it not contract?

Boys and Girls learn to drive when they are below 18.

Boys are girls who are below 18 are found begging on Indian Road , walk on any road , go to any religious worship place and you will find this boys are girls begging and their parents begging.
If the politicians love them and care about India then should open schools and send to the schools.

The above Petition will just waste the preciouse time of Honorable High Court

Millions or Billions of Court Cases are pending in Indian Courts, I do not know exact number
One of the reason the cases are pending is lack of time for judges and less number of judges in Indian Judiciary

Under the Factories Act, 1948; the Mines Act, 1952 and Plantation Act, 1951 a minor of 14years to 18 years can be employed at factory, mines and plantation as a worker.